Mediator Harvinder Singh Bhurji

Mediator Harvinder Singh Bhurji

The lead Mediator and Director of Effective Dispute Solutions Limited is Harvinder Singh Bhurji. Since 2002 he has been actively involved in alternative dispute resolution, as a Mediator, Arbitrator, Conciliator, Mediation Trainer, Tutor and Assessor.

Mediator Harvinder Singh Bhurji Mediation Qualifications & Accreditations

Harvinder is a law graduate, a Qualified Dispute Resolver and an Accredited Commercial Mediator through CEDR, the Academy of Experts and the ADR Group, an Accredited Workplace and Community Mediator through UK Mediation, a Mediation Tutor and Accreditation Assessor for the Chartered Institute of Arbitrators Commercial Mediation training programme and is on their approved faulty list for whom he teaches and assesses for in the UK and overseas, as well as a qualified Manager through the Chartered Management Institute and holds a Certificate In Teaching in the Lifelong Learning Sector.

Mediator Harvinder Singh Bhurji Mediation Experience

  • Mediated over 500 civil &commercial, workplace & employment and family disputes across all sectors.
  • Several testimonials recommending Harvinder as a mediator.
  • 90% success rate.
  • Mediated disputes with a value of a few hundred pounds to millions of pounds.
  • Over a decades experience.
  • Experienced in face to face, time limited, court referred & telephone mediations.
  • Mediated disputes between two parties as well as multi parties.
  • Harvinder fluently speaks English as well as Punjabi, understands Hindi and Urdu and regularly mediates with clients who are unable to speak English and only these languages.
  • He has written and submitted mediation articles to various publications.
  • Assisting with the research into Court based mediation schemes commissioned by the then Department of Constitutional Affairs.
  • He and Effective Dispute Solutions Limited hold professional liability insurance, copies of which are available on request.

Mediator Harvinder Singh Bhurji Mediation Panel Memberships

Harvinder Singh Bhurji is a member of the following;

  • The Academy of Experts
  • ADR Group
  • ADR Services
  • Association of Midlands Mediators
  • British Marine Federation Dispute Resolution Scheme
  • CEDR’s 125 mediation scheme
  • CEDR Exchange
  • Chartered Institute of Arbitrators
  • Civil Mediation
  • Council Clerksroom
  • IDRS Immediation
  • Manchester Law Society
  • Mediators In East Anglia
  • National Mediator Database
  • National Mediation Helpline
  • Oxcheps Higher Education Mediation Services
  • Royal Institute of Chartered Surveyors
  • Neighbour Dispute Panel
  • Sandwell Consumer Support Network
  • Sandwell Council’s Housing Arbitration Panel
  • Specialist Mediators

 

Jane Walmsley

Training

1998: CEDR (Centre for Effective Dispute Resolution) Accredited Commercial Mediator
2002: MATA (Mediation and Training Alternatives) Advanced Mediator Skills Training Course, Italy
2004: TeCSA (Technology and Construction Solicitors Association) Specialist Construction Course for Mediators

Mediation Style

Jane encourages people to take full advantage of the mediation process and the control which it gives them to explore all possible means of resolving their dispute and find pragmatic, realistic solutions. She works with participants on assessing all options and constructing safeguards to protect positions post-settlement, to allow them to make well-judged decisions in the light of available information. She is described as professional, facilitative, patient, persistent and perceptive.

Mediator Jane Walmsley – Experience

Jane has mediated and co-mediated in a wide range of commercial matters, from multi-million pound claims to claims brought in the Central London County Court and the Birmingham Civil Justice Centre mediation schemes. She also mediates in workplace disputes where no cash claim exists but where conflict between individuals has resulted in declining productivity, efficiency or profitability and made working life intolerable. Some examples of the cases she has mediated are:

  • Claim by a GP against a former Partner and the Practice for racial discrimination and unfair dismissal.
  • Dispute in a university between a senior academic and a member of staff in relation to changes made to a job description during maternity leave and a consequent claim for constructive dismissal.
  • Dispute in the same university between a head of department and a member of their staff in relation to claims of bullying.
  • Dispute in a college of further education in which a lecturer claimed that her manager was bullying her. The conflict had been going on for 2 years and the lecturer signed off sick with stress for 6 months.
  • Dispute between joint property owners arising after the breakdown of their relationship. While the main dispute was about the value of the property and therefore the amount to be paid, there were also a considerable number of relationship issues in play.
  • £2 million dispute between brothers about breach of fiduciary duty and the ownership of a family business.
  • £200,000 claim by a building company for non-payment of fees for work done during the construction of commercial premises.
  • £2 million claim for alleged negligent advice against stockbrokers.
  • Dispute between partners in a solicitor’s firm about the terms and conditions for one partner to leave the partnership.
  • Dispute between partners in an accountancy firm about the mechanisms for one partner to leave the partnership, including a £260,000 claim.
  • £250,000 claim for defamation by a businessman against a friend with whom he had entered into a project which had failed, resulting in the breakdown of their relationship.
  • Dispute between two electrical engineering companies about the purchase of industrial robots and the subsequent breakdown of a joint venture project.
  • Claim by a solicitors’ practice for non-payment of fees against a client for whom they were acting in an employment dispute.

Promoting and Raising the Profile of Mediation

1999 to date: A founder member of the Association of Midlands Mediators, a regional association of commercial mediators which:

  • provides mediation services
  • promotes mediation in the Midlands area
  • provides CPD training for members

2000-2002: Member of the CEDR training faculty.

Involved in delivering “The Lawyer’s Role in Mediation” training courses to litigation departments in individual solicitors’ firms, a barristers’ chambers, an insurance company and the Treasury Solicitor.

2002-2005: Member of the Birmingham Civil Justice Centre Mediation Scheme Committee. Participated in the establishment and monitoring of this court-led mediation scheme from its inception to its end due to changes in Government policy.

2005 to date: Member of the Chartered Institute of Arbitrators (CIArb) Mediation Accreditation Panel, acting both as an assessor and as a chief assessor.

2009 to date: Member of the MATA training faculty, providing feedback and coaching to delegates on the CIArb Commercial Mediator Training Course.

In addition, Jane has participated in a number of mock mediations, both as the mediator and as a party. These have been designed to demonstrate the mediation process and allow the audience to observe the strength, flexibility, and value of the process.

Mediator Jane Walmsley – Professional Background

Jane is a non-practising barrister. She was called to the Bar in July 2008.

Has studied a LL.M in International Commercial Law at the University of Birmingham, comprising modules in:

  • English law of the international sale of goods
  • Commercial conflicts of laws
  • International and comparative oil and gas law
  • International commercial arbitration.

In addition to her mediation practice, Jane runs a training consultancy practice. She qualified as a trainer in 1987 and has been training lawyers since 1990, initially as Training Manager with a large national group of solicitors’  firms and since 1993 as an independent consultant. Her client base includes many of the leading city and regional law firms. She is much in demand for communication and management skills training, particularly negotiation skills and presentation skills, and as a coach to partners and assistants on improving and developing the ways in which they and their teams communicate and work together.

Paul Balen

 
SPECIALISMS:

Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury; defamation; Sports law, and Commercial Mediation.

ACCREDITED MEDIATOR:

31 March 2004

Mediator Paul Balen CAREER HISTORY:

First Class Honours degree in Law and President of University Law Society at Cambridge. Articled at Freeth Cartwright solicitors in Nottingham 1975; qualified as a solicitor 1977 and became partner, now a member, of what is now Freeth Cartwright LLP in 1980. President of the Nottinghamshire Law Society 2005-6; President Nottinghamshire Medico-Legal Society 2007-8.

OVERVIEW OF EXPERIENCE:

Mediator Paul Balen has long experience in advising in a wide range of complex litigation cases including professional, clinical negligence and personal injury cases, particularly involving medico-legal or product liability issues and also libel and slander.

He has a national reputation for the coordination of multi-party actions and the creation of compensation/alternative dispute resolution schemes in groups of claims including liaison with foreign jurisdictions.

He has a wide interest in sports law, including acting from time to time in disputes involving international sportsmen in the rugby, cricket, shooting and football fields.

He has extensive experience in dispute resolution in particular in negotiating and implementing settlement schemes involving both public bodies and commercial (and international) insurers.

Recent settlement schemes include:

  • for the parents of Beverley Allitt’s victims
  • recipients of 3M hip prosthesis
  • recipients of Trilucent breast implants
  • Leicester cervical smear patients.
  • Leicester children wrongly diagnosed with or treated for epilepsy.

Mediator Paul Balen MEDIATION EXPERIENCE:

Paul has mediated a wide variety of mostly commercial based disputes including:

  • Contractual dispute between driving school and ex-instructor;
  • Commercial dispute over faulty servicing of laser cutting machine and counterclaim for loss due to downtime
  • Computer software contract dispute
  • Commercial dispute arising from installation of alleged faulty boiler
  • Construction contract dispute between supplier of timber frames and builder with counterclaim
  • Personal injury following assault
  • Employment dispute/dismissal of director
  • professional negligence dispute between householder, architect and builder
  • Share valuation dispute between directors and former director/shareholder
  • Postgraduate student in dispute with University over degree award

OTHER INFORMATION:

ADR Group registered mediator; member of the Sports Resolutions Panel, Association of Midlands Mediators, Effective Dispute Solutions Limited and Clerksroom Specialist mediation panel.

Senior Fellow Association of Personal Injury Lawyers; Public School Governor and Chairman; Chairman of I.T company.

BOOKS

“Multi Party Actions” (Legal Action Group 1995) with McCool and Day

“Know How for Personal Injury Lawyers – Conditional Fees” (Longmans) (1997) (chapter on conditional fees)

“The Plaintiffs Solicitors’ View” – chapter in Clinical Risk Modification (1999)

“APIL Guide to Fatal Accidents” – chapter on Inquests (2002)

“APIL Guide to Clinical Negligence” to be published by Jordans 2008 (General Editor)

CASES

Stobart v Nottingham Health Authority (1992) 3 Med LR 284 – discovery of medical records before inquest

AB & ors v John Wyeth & os (The Benzodiazipine Litigation) (CA) LTL 20/10/92: TLR 20/10/92 – cut off dates

B & Ors v John Wyeth & os – CA (1992) 1 All ER 443 – discovery of statements referred to in experts reports in group actions

AB & ors v John Wyeth (CA) (1994) 5 Med LR 149 striking out prescriber claims in group action v manufacturers

Heer v Tutton CA (1995) 4 All ER 547 – Striking out after agreement to extend time for defence Or 9r12

Foster v Biosil (2001) 59 BMLR 178 – definition of defect under Consumer Protection Act

A v National Blood Authority (2001) 3 All ER 289 – 2 of the lead cases in seminal group claim defining defect under Consumer Protection Act

Briody v St Helens etc HA (CA) (2002) 2 WLR 394 – recoverability of costs of surrogacy

Sayers & ors v Merck & os (CA) (2002) 1 WLR 2274 – costs orders in group actions

Khan v Secretary of State for Health [2003] EWCA 1129 (Court of Appeal) – Art 2 HRA and inquests- liability of state to fund representation of bereaved relatives at inquests

A & others v University Hospitals of Leicester NHS Trust (2005) EWHC 1416 (QB) Cox J – approval of settlement scheme for the Leicester Children’s epilepsy claims

O’Byrne v Sanofi Pasteur MSD Ltd COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES(FIRST CHAMBER) Case C-127/04 – definition of and date of supply of a product under the Product Liability Directive/ Consumer Protection Act 1987

O’Byrne v Aventis Pasteur MSD Ltd HL [2008] UKHL 34 (Court of Appeal) [2007] EWCA Civ 939; (QB) [2006] EWHC 2562 substitution of defendant outside limitation period

Peters v East Midlands Strategic HA and others.[2008] EWHC 778 (QB) the right of a Claimant to claim full damages for future care costs.

David S Black

Mediator David S Black CAREER

Graduate of the University of St Andrews (BSc. (Hons) – Chemistry).

Trained as chartered accountant with KPMG Thomson McLintock in Glasgow. Subsequently worked for several firms in the UK and overseas.

Joined McLarens Toplis, a large firm of loss adjusters, in 1988 as an insurance claims accountant based in Birmingham.

Promoted to associate director in 1993 and left in 1997.

Now specialises in the provision of mediation, litigation support and claims consultancy services as a partner with HW Forensic.

Member of the Institute of Chartered Accountants of Scotland (CA) – 1978, Chartered Insurance Practitioner (ACII) – Qualified as associate in 1990, Associate of the Chartered Institute of Loss Adjusters (ACILA) – 1992, Fellow of the Chartered Institute of Loss Adjusters (FCILA) – 1997, FUEDI European Loss Adjusting Expert (ELAE) – 1999, Fellow of the Chartered Insurance Institute (FCII) – 2000, Associate of the Chartered Institute of Arbitrators (ACIArb) – 2002, Accredited by ADR Chambers (UK) as a Mediator – 2006.

EXPERIENCE

Mediator David S Black, mediations have included disputes on business disposal warranties, construction, insurance claims handling, actions involving liquidations, boundaries, telecoms and professional negligence effects. Experience includes time limited mediations. Has been involved in commercial and neighbourhood mediations and helped achieve resolution of disputes.

An experienced Expert Witness acting for claimants, defendants and as a single joint expert, appearing in Court in a variety of circumstances and has contributed to the successful resolution of disputes and claims by negotiation including those relating to estates.

Mediator David S Black, panel member of Association of Midland Mediators (AMM) & Effective Dispute Solutions Limited (EDSL). Member of the Expert Witness Institute (MEWI). Member of BIBA West Midlands Liability and Consequential Loss Society and of BILA. Panel member of ICAEW Presidential Appointments Scheme for expert determination of business disputes. Past President of a local insurance institute. URC Synod officer and charity trustee. Contributor of articles in legal, insurance and accountancy magazines and newsletters. Seminar presenter on a variety of valuation, claims and dispute related and insurance industry topics.

David Daly

Mediator David Daly SPECIALISMS

Property, Commercial, Employment/Discrimination YEAR OF PROFESSIONAL ACCREDITATION: 1979
YEAR OF MEDIATOR ACCREDITATION: 2004

Mediator David Daly CAREER HISTORY

Captain in Army legal Corps 1981-2 (Germany)
Experience in Solicitor’s Office 1982 (Orpington)
Employed Barrister L. B. Bromley 1983-6
Employed Barrister L.B. Southwark 1986-93
Barrister Arden Chambers 1993-5
Barrister Tanfield Chambers 1995 and continuing.

Advising and acting as advocate in a large number of disputes concerning property, landlord and tenant, local government, planning, housing, employment and discrimination, professional negligence, wills and probate.

Mediator David Daly  MEDIATION EXPERIENCE

Total Number of Mediations so far completed as mediator (110+). Please see also Bar Council Website where I am listed as a Mediator in their top category (30 +)

I am on the panel as a Mediator for the following DCA approved organisations: CEDR Solve, Specialist Mediators, ADR Net, Lawworks, Wandsworth Mediation Services and Devon and Exeter Law Society.

My longer mediations have tended to be to do with Land or Employment e.g. boundary disputes, Leasehold Reform Act disputes, Landlord and Tenant disputes, disrepair, stress at work, work-place, contractual bonus disputes.

Some examples of mediated Disputes where I acted as Mediator: a disrepair dispute which lasted 8.5 hours, involved 4 parties and was originally valued at £200,000. An agreement was achieved.

Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings – originally valued at £5,000,000. The Leaseholders were represented by 5 individuals who had been the leading representatives of the Residents Association which had folded. They intended to reform the resident’s association and persuade the leaseholders to accept any agreement reached. Interestingly the normal position on confidentiality was varied at the start of the mediation to allow publicity to be given to any agreement. Agreement reached at £200,000 after 11.5 hours.

Claim for £200,000 for flood damage to Chemist’s shop. Settled at £103,000 after 8.5 hours-

Dispute between leaseholder and joint freeholders involving 4 parties – originally valued at £200,000. Settlement was reached on the day-3 parties (all freeholders and family members) would each pay £22,000 to 4thparty (a Leaseholder-one of the biggest property companies in London)for disrepair.

Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute. Mediation settled on the day.

Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair. Settlement was reached on the day.

Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth £200,000. Settled on the day of mediation.

Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding. Mediation settled on the day.

Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Settlement was reached on the day

Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. Settlement on the day of mediation.

Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. The matter was resolved with agreement at the end of two separate mediation appointments.

Constructive dismissal and stress claim.  Settlement was reached on the day.

Trusts of Land and Family Provision dispute-estate worth £250,000. Deceased died at 42 leaving alleged partner, Mum and Dad and his two Brothers. Two Brothers denied relationship with partner existed over 2 years immediately before death. Agreed  partner should have house + £30,000 -no costs either side.

Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Company to whom charge had been sold receives £70,000 and charge removed. Mediation lasted 8 hours and occurred on the coldest and snowiest day in London for 18 years

Damages claim under Data Protection Act. Alleged by Claimant because she had been put on a list by a finance company in error as a bad credit-risk for 2 years she had lost the chance to purchase her Council house. Damages claimed at £360,000. Settled by agreement at £20,000 each side to bear their own costs.

Mediator David Daly  Court Schemes in which he has participated as a Mediator:

  • Hitchin County Court
  • Central London County Court
  • Exeter County Court
  • Guildford County Court
  • Basildon County Court
  • Uxbridge County Court.

I devised (using the DCA toolkit) and was the sole mediator for the Small Claims Mediation Scheme at Hitchin County Court dealing with commercial mediations of all sorts e.g. landlord and tenant disputes, disastrous holidays, contractual disputes, goods not fit for purpose, unpaid professional fees, building contracts etc. The Scheme finished in May 2007 with the appointment of an in-house mediator

Also a volunteer Neighbourhood Mediator with Lewisham Lamp

Personal Style and Feedback

“David has authority when dealing with procedural issues but he is not authoritarian. Parties find it easy to relax with him. He likes to work hard for agreement and does not let the grass grow under his feet.”

“I would like to personally thank you for your enthusiasm, flexibility and hard work”

“You are the “smiliest” mediator I have ever met!”

“I would characterise the mediator’s style as relaxed, informal, sensible and encouraging”

“He was very approachable, used plain language for litigant in person and gave helpful time warnings”

Training:

July 2002 – Mediation Course provided by the General Council of the Bar (1 day)
August 2004 – CEDR Accredited Commercial Mediator
April 2006 – CEDR Registered Commercial Mediator (Registered status no longer exists)
July 2007 – ADR Group Commercial Mediator

I have a special interest in time limited mediation and have appeared on a panel during a training event provided by Lawworks answering questions on small claims mediation alongside James Rustidge of Manchester County Court. My CPD Mediator Training is currently fully up to date

Mediator David Daly Memberships

Housing Law Practitioners Association
Employment Law Bar Association
Planning and Environment Bar Association
Administrative Law Bar Association
Civil Mediation Council
Mediation panel member of Effective Dispute Solutions Limited

Roderick O’Driscoll

Mediator Roderick O Driscoll, Rod is a Chartered Arbitrator, Accredited Mediator, a Notary Public and a qualified Solicitor of the Supreme Court.

Roderick was admitted as a solicitor in 1967 and has specialised in Construction and commercial matters for over thirty years. He became a fellow of the Chartered Institute of Arbitrators in 1991 and an accredited mediator in 1996. As well as acting in a private capacity in the above, he has for the last ten years or so lectured and run courses for the Chartered Institute of Arbitrators and others in all forms of ADR. His experience has primarily included the resolution of commercial disputes, all forms of building and civil engineering projects both here and abroad and, as a solicitor, he has had a full working experience of the Court practices and systems.

Educational and training:

  • Ampleforth College, Yorkshire
  • The Law Society
  • Chartered Institute of Arbitrators

Mediator Roderick O Driscoll Current Professional Activities:

  • Practising Arbitrator and Mediator
  • Legal Adviser on all ADR matters
  • Course lecturer, tutor, and examiner
  • Provision of Notarial Services

Mediator Roderick O Driscoll Legal Professional History

March 1957 to March 1962 – Articled to the Rt. Hon. Lewis Silkin – Minister of Town & Country Planning of Lewis Silkin & Partners, Stories Gate, Westminster, London

March 1962 Qualified Solicitor of the Supreme Court and became Partner in Lewis Silkin & Partners practising from London

March 1970 Appointment as Notary Public

1972 – 2001 Senior Partner in Roderick O’Driscoll & Partners, Maidstone, Kent specialising in commercial, industrial and building disputes principally in the High Court. Practising advocate in Magistrates, County Courts and Official Referee’s Court with experience of Court of Appeal and House of Lords. Involvement in Official Referee’s Court (now Technology and Construction Court) as advocate and instructing solicitor relating to disputes concerned with general construction matters. Instructed by many large companies in Europe and throughout the world dealing in a number of international cases.

2001 – 2008 Senior Partner in Gulland & Gulland, Maidstone, Kent as Head of Construction and Arbitration Department.

Mediator Roderick O Driscoll Memberships and associated activities

  • The Law Society of England.
  • The Institute of Chartered Arbitrators.
  • SICA FICA, an international organisation dealing with dispute resolution.
  • Fellow of Chartered Institute of Arbitrators
  • Panel member of Chartered Institute of Arbitrators
  • Accredited Mediator (CIArb)
  • Professional member of Dispute Resolution Board
  • Assessor for Mediation Accreditation for the Chartered Institute of Arbitrators
  • Member of the Law Society Arbitration Panel
  • Approved Member of the Civil Mediation Council
  • Founder member of Keep Talking Eu (mediation suppliers)
  • Approved Tutor for the Chartered Institute of Arbitrators
  • Member of the Association of Building Engineers
  • Honorary Life Member of the Institute of Clerks of Works
  • Member of the Society of Construction Arbitrators
  • Member of the European Court d’Arbitage, Strasbourg
  • Lecturer and author of several articles on Arbitration Law
  • Co-founder of the South Eastern Dispute and Arbitration Centre
  • Vice Chairman of South East Branch of Chartered Institute of Arbitrators
  • Mediation panel member of Effective Dispute Solutions Limited

Mediator Roderick O Driscoll Previous experience and case work

Roderick has been involved in several hundred cases in his capacity of Arbitrator and/or Mediator both international and domestic, involving commercial, construction and engineering issues. He has gained close familiarity with all the principle forms of construction contracts. His experience extends to all types of building and civil engineering matters and he has a detailed knowledge of prolongation issues.

His commercial experience covers all forms of agreements including, amongst other subjects, intellectual property, partnership agreements, franchise agreements, Landlord and Tenant, and boundary issues.

In recent years, he has been involved both as advocate and as arbitrator in a number of international disputes, and domestic construction cases the values of which generally vary from £50,000 to in excess of £1m. His appointments, other than private appointments, are made by the Law Society or the Chartered Institute of Arbitrators and he is a panel member of both organisations.

He is actively involved as a mediator receiving both private and Court appointments, and was a founder member of the Mediation Group of the South Eastern branch of the CIArb.

Grant Goodlad

Qualifications

LLB: 1978
Solicitor: 1981
MCIArb: 2004
Called to the Bar: 2006

Education

Northampton Grammar School: 1968-1975
LLB Birmingham University: 1975-1978
College of Law, Guildford: 1978-1979
Bar Aptitude Test: 2006

Career

Solicitor, Dennis Faulkner & Alsop: 1981-1982
Partner, Dennis Faulkner & Alsop: 1983-2006
Barrister, Farrar’s Building: 2007 to date

Mediation

CEDR Accredited: 1996
CIArb Panel: 2005 to date
Member AMM: 2001 to date
Intermediation Panel: 2001 to date
Mediation panel member of Effective Dispute Solutions Limited 2010 to date

Grant’s background involves both commercial and contentious aspects of the law. His experience includes the handling of high volume personal injury claims and professional negligence claims for insurance companies, as well as non-contentious work including company sales.

More recently Grant has concentrated on contentious commercial and professional issues primarily personal injury and employment matters. He acts as an advocate in the Civil Courts and Employment Tribunals.

Grant has successfully mediated disputes in a wide range of fields including Construction, Commercial Contracts, Corporate Sale, Landlord and Tenant, Employment, Personal Injury, Professional Negligence, Malicious Prosecution and Wrongful Arrest, Franchise, Insurance, Travel and Housing. He has CEDR specialist training in Clinical Negligence and Personal Injury.

Grant also trains mediators and has assisted CEDR’s training faculty. He is currently a member of coaching faculty on the Chartered Institute of Arbitrators mediator training course to which he has contributed a paper on law for mediators.

Phil Hesketh

Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor.

Highly motivated with an energetic, empathetic and creative style.

Became a full time mediator in 2008. Acted as Lead Mediator in a range of cases including personal injury, partnership disputes, employment, professional negligence, landlord and tenant, commercial contract claims, boundary disputes and probate claims.

Writes extensively on mediation for the The Law Society, the Association of Personal Injury Lawyers, The Costs Lawyer Magazine, Butterworths and The Local Government Lawyer. Regular contributor to on-line magazine PI Brief Update Law Journal. Provides in-house training on mediation to law firms and other mediation users and observation opportunities for newly qualified mediators.

SENIOR SOLICITOR & MEDIATOR CLARKSON HIRST SOLICITORS, LANCASTER – 2003-2008

Senior solicitor in the litigation department. Varied caseload of personal injury and general litigation matters, including fatal accidents, employers’ liability, road traffic accidents, public liability claims, contractual disputes and employment matters.

Advocacy included interlocutory hearings and CICA final appeal hearings. Responsibility for development and marketing of the personal injury department and meeting quality standards and for the training and development of staff. Developed commercial mediation business.

SENIOR SOLICITOR RUSSELL JONES AND WALKER, MANCHESTER – 2000-2003

Managing solicitor of the personal injury fast track claims department. Responsible for management of the fee earner team and support staff. Handled own caseload of Multi Track personal injury claims, predominantly employers’ liability, stress related illness and road traffic accident. Developed and supervised the specialist CICA team. Responsible for marketing to institutional clients.

Developed fee tracking software database and implemented it firm wide, designing and delivering the associated training nationally. Responsible for staff development and Continuing Professional Development training in the office, writing and delivering training seminars. Recruited and trained new fee earning staff. Member of the senior office management team.

ASSISTANT SOLICITOR THOMPSONS SOLICITORS, LIVERPOOL & MANCHESTER – 1990-1993 & 1995-2000

Completed training and qualified as a solicitor. Handled personal injury claims, predominantly employers’ liability and industrial disease cases. Assisted with multi-party litigation including Hillsborough Disaster and “welders’ lung” test cases. Acted for successful claimant in House of Lords case of Knowles v Liverpool City Council [1993].

Responsible for office Legal Aid compliance. Introduced cost recovery scheme for funded disbursements. Latterly also head of Criminal Litigation (related to employment) in the Manchester office. Assisted with preparation and delivery of in-house training seminars.

TEACHER OF ENGLISH AS A FOREIGN LANGUAGE MADRID – 1993-1995

Self employed teacher of English as a foreign language.

TRAINEE SOLICITOR PARKERS SOLICITORS, ST. HELENS 1989-1990

Trainee solicitor in general practice.

EDUCATION & QUALIFICATIONS

  • University of Leicester – Law Degree class II(i) Hons, 1988
  • College of Law, Chester – Solicitors’ Final Examination, 1989
  • Metropolitan University of Leeds – Certificate in TEFL, 1992
  • Admitted as a solicitor November 1991
  • Accredited as a Commercial Mediator 2006

MEMBERSHIP ORGANISATIONS & MEDIATION PANELS

  • Association of Northern Mediators
  • Trust Mediation
  • Mediation panel member of Effective Dispute Solutions Limited

VOLUNTARY WORK

  • Pro Bono mediator for LawWorks
  • School Governor

Paul Hughes

Head of Insurance Litigation Department, specialising in personal injury and insurance litigation. Also experienced in claims involving police forces and general civil litigation.

Particular expertise in claims involving psychiatric injuries and fatal accidents.

Has dealt with claims for Chronic fatigue Syndrome and industrial disease.

Represented defendant in landmark ‘stress’ case of Walker v Northumberland County Council, and has been involved in numerous stress at work cases subsequently.

Although current caseload mainly for Defendants, also deals with Claimant cases, and has represented Claimants in the past on the instruction of a trade union.

Experience of dealing with claims against police forces to include false imprisonment, malicious prosecution and alleged assault cases.

DATE OF BIRTH:

1962

DATE OF COMPLETION OF MEDIATION TRAINING:

8th October 1997: qualified in San Francisco.

Accredited by ADR Group.

MEDIATION EXPERIENCE:

Mediation experience includes over 40 mediations to date. Cases mediated are mainly, but not exclusively, personal injury cases. Examples of mediations include:

  • Infant fatality with claim for PTSD by mother. Liability and quantum issues. Mediation lead to settlement after a hidden issue was discovered and dealt with by the parties
  • Stress at work case by teacher.
  • EL claim involving fatal accident. Major issues on both liability and quantum, involving particularly sensitive issues impacting upon dependency claim.
  • Claim for assault, wrongful arrest and malicious prosecution by litigant in person against police force. Claim discontinued at mediation.
  • Personal injury claim with significant quantum issues including suspected fraud / surveillance evidence.
  • Professional negligence action against solicitor and surveyor.
  • Partnership dispute.
  • Landlord and tenant dispute.
  • Acted for one of the parties in the landmark Court of appeal case of Halsey v Milton Keynes NHS Trust / Steel v Joy.
  • 2006: involved in recording Law Society ADR training video for lawyers

CAREER HISTORY:

  • Admitted in 1988
  • Solicitor, Marrons 1988
  • Solicitor, Crutes 1989
  • Partner at Crutes since 1995.

OTHER INFORMATION:

  • Member: Law Society
  • Forum of Insurance Lawyers (FOIL)
  • North East regional representative for FOIL special interest group in ADR since 2000
  • Member of Law Society ADR Committee

Russell Jones

Firm: Fidler and Pepper

Specialisms:

  • Commercial Disputes
  • Insurance
  • Engineering/Manufacturing disputes
  • Property disputes
  • Professional Negligence
  • Partnership disputes
  • Boundaries/title disputes
  • Landlord and Tenant
  • RTA/work/other injury claims
  • Building and Construction disputes

Year of Professional Accreditation: 1984

Year of Mediator accreditation: 2007

Career History:

Sheffield University 1977-1981
Chester Law College 1982-1983
Partner in Litigation and Dispute Resolution Department Fidler and Pepper 1986-date

Extensive experience of advising in a range of both civil and commercial disputes from boundary disputes to breaches of general commercial contracts and company partnership break ups.

Advising in negligence claims to the value of several million pound settlements, with particular expertise in road traffic and work based accidents including involvement in one of the first UK structured settlement cases.

Working in the historic heart of a dominant coal mining community with strong links with Trades Unions, worked with a textile manufacturer to negotiate the withdrawal of a powerful trades union agreement. Success depends upon extensive research and objective risk analysis based on the strength of each case.

Commercially minded with very strong technical knowledge in Engineering and Manufacturing and technical IT expertise playing an integral part in the growth of the firm through IT initiatives.

A practical, lateral thinker with the inner strength to see things through, supported by excellent time management skills. A calm and gentle disposition, inquisitive and thorough, quickly building up knowledge through well developed listening skills.